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To: LS
I’d like to see a national shift where all states adopt a “no special election” policy with gov appointing state and or US House seats til the following November general election.

I believe the Constitution requires an election to fill vacant seats in the U S House of Representatives.

11 posted on 02/28/2018 6:45:45 AM PST by etcb
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To: etcb

I don’t think that is mandated. It was often the case that such lower house seats, when vacant, remained open until the next cycle.


13 posted on 02/28/2018 7:05:55 AM PST by KC Burke (If all the world is a stage, I would like to request my lighting be adjusted.)
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To: etcb

Vacancies & Successors

“When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.”
— U.S. Constitution, Article I, section 2, clause 4

House vacancies can be caused by death, resignation, declination, withdrawal, or House action, but the Constitution requires that they be filled by election. The law concerning Members elected to fill vacancies varies according to when the vacancy occurs and applicable state law.

All states, territories, and districts require special elections to fill any vacant House seats during the first session of a Congress. During the second session of a Congress, however, procedures often vary depending on the amount of time between the vacancy and the next general election. Section 8 of Title 2, United States Code, provides that a state governor can cause a special election in extraordinary circumstances; namely, a crisis in which the number of House vacancies exceeds 100.


16 posted on 02/28/2018 7:13:04 AM PST by KC Burke (If all the world is a stage, I would like to request my lighting be adjusted.)
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To: etcb

Yes, but setting the date of the next election is up to the states.


19 posted on 02/28/2018 11:54:23 AM PST by LS ("Castles Made of Sand, Fall in the Sea . . . Eventually" (Hendrix))
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